7 New Remand And Removal Tricks

Law360 (August 6, 2019, 3:13 PM EDT) -- When removing an action to federal court — or in opposition seeking a remand — there is a certain “magic” to mastering this remarkable change of judicial stagecraft. Since, as they say, magic can spell the difference between mediocrity and accomplishment, let me share with you seven magic tricks based on recent case law developments to achieve good fortune in your removal and remand practice.

Before we begin with the show, let’s understand the appearing and disappearing nature of federal removal jurisdiction. The plaintiff makes the case appear initially in state court, presumably choosing that sovereignty as best suited for the...

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